Form 1 NATIONAL RAIZ2OAD AD~?L'STr,1;I1T BOARD Award No. 8255
SECOND DIVISION Docket 110. 7668
2-BNI-C:~:-' 80

The Second Division consisted of the regular members and in addition Referee Dana E. Eischen when award was rendered.

( System Federation No. 7, Railway Employes'

( Department, A. F. of L. - C. I.0.

Parties to Dispute: ( (Ca,rmen)

(

( Burlington Northern Inc..

Dispute: Claim of Emnloyes:

1. That Carman D. T. Gomm, Denver, was unjustly treated and the prcvisions

of the current agreement were violated when he eras suspended from

service for a period. of five (5) days, December 16 thrcu--h Decenber '?2,

1975, and a maek a:i censia.re was placed on his personal record.

2. That accordingly the Burli n~--ton Yorthern Inc. be ordered to conmensate

the above naxxred canon eight (8) hours pay for five (5) days Decerber

16-22, 1975, inclusive. wither that the Buxlir.-tonorthern one. be

ordered to remove the mark of censure from Carman D. T. Go?='s personal

record.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that

Tile carrier o;? carriers and the enploye or enployes involved in this dispute are restlectively carrier and employe within the meaning of the Railuay Labor Act as approved dune 21, 1934.

This Division of the Adjustment Board has jurisdiction over tae dispute involved herein.

Parties to said dispute ,,waived right of appearance at hearing thereon.

Clai:riant was assessed f"1 ve (,5) days' suspension following a hea.·i:ig and investiLa ion held November 17, 1975. Review of the transcript of invest111_`;atic n shows tha-- Carrier adduced substantial evidence to support the charge that Claimant was AWOL on the niL~ht of Oc t6oor 27, 1975.

The Organization raises tv:o procedural objections, both of which are unsupnc.rLe3 by the record before us. We find no objectionable defect in the not'_ce of hear _~':i' since it 5,"as suif'LC1ently precise to app-rise a reasonable person of the cl-1-it ge against him and en~,fole h^'ri to prepare his defense. ~te-arding the aUe[ed lalliu°e t0 _provide tile Claimant's ~ representative w'_th .-a cony. Of the notice of discipline Or t_-anSCr i~)t, the evidence .a in a state O:` CCn
Y~.~-'te stalemate which z~re a..,,^ unable to rcaolve. Suez a failure, if proven, is prohibited by the express lanz-3mage of ~;~_e 35 (d) and (e). Iat ~--~: ere unable to conclude with any degree of certainty that Carrier zras de-relict in this case.
Form 1 Award No. 8255
Page 2 Docket No. 7668
2-BNI-CM- · 80

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTT~IETTT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

By'..-A~.s..-~..e.r _

Roeruarie ~3rasch - tcu:~::.nistrative Assistant

Dated at Chicago, Illinois, this 5th day of Mlareh, 1980.